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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33543
Experience:  Retired (mostly)
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Can I sue a therapist for ruining my marriage? Can I also

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Can I sue a therapist for ruining my marriage? Can I also sue my in-laws for purposely coming between me and my husband - specifically my sister-in-law? I am in California and I know that there is no law for alienation for affection but if i can prove, through text messages my sister-in-law sent to my husband and my subpoenaing the therapists notes that, between those 2 people, my husband basically turned on me and refused to work on our marriage? He also embezzled almost 200,000 from our bank accounts and gave them to his family. I know I need a forensic accountant to prove this.
I know how stupid this sounds, but I firmly believe that my in-laws and a horrible individual therapist caused my husband to give up on our marriage and perceive me as a horrible person. I am not.
Submitted: 2 years ago.
Category: Legal
Expert:  socrateaser replied 2 years ago.
Can I sue a therapist for ruining my marriage?

A: Pursuant to Cal. Civil Code 43.5(a), the civil action of "alienation of affection" is abolished. Therefore, you cannot sue anyone in California for acting in a manner that directly injuries your marriage.

You an sue a therapist for malpractice, if his/her actions were below the standard of care due from a therapist to a client. However, this assumes that you were the therapist's client -- for example as part of marriage counseling sessions wherein you and your spouse's relationship became more estranged as the result of the therapist's negligence.

I realize that this may seem to be the same as alienation of affection, but it's not, because a professional owes a special duty to a client that an ordinary person does not owe others.

Can I also sue my in-laws for purposely coming between me and my husband - specifically my sister-in-law?

A: This is alienation of affection, and no cause of action is permitted.

I am in California and I know that there is no law for alienation for affection but if i can prove, through text messages my sister-in-law sent to my husband and my subpoenaing the therapists notes that, between those 2 people, my husband basically turned on me and refused to work on our marriage?

A: Your lawsuit must be directed at the therapist's negligence. A third party could be "joint tortfeasor," i.e., someone who assisted in the therapist's malpractice -- but, any proof that a non-professional tried to undermine your marriage, which is independent of the therapist's professional duties, will be dismissed by the court for failure to state a claim for which relief may be granted.

He also embezzled almost 200,000 from our bank accounts and gave them to his family. I know I need a forensic accountant to prove this.

A: You seem quite well informed on the law of your circumstances. If you are in a dissolution of marriage, then you can request that all of the community property be awarded to you on grounds that your husband acted against you with oppression, malice and fraud. Family Code 1101(g). And, you can sue the family members for a fraudulent transfer. Civil Code 3439 et. seq.

I know how stupid this sounds, but I firmly believe that my in-laws and a horrible individual therapist caused my husband to give up on our marriage and perceive me as a horrible person. I am not.

A: Doesn't seems stupid at all. Seems pretty much the routine of family law. The problem, as always, in such cases, is providing the court with sufficient proof of the allegations, because frequently the cost of investigation and litigation overwhelms the value of the recovery.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.

Thank you, XXXXX XXXXX well informed of the laws because I have been going at this divoce for 5 months now. I do a lot of research and use websites like this one to help me out.

 

The only problem with the community property is that there is NO community property except the furniture in our apt. and our 2 cars (only mine is paid off, he owes more on his than it is worth). I would have to sue him personally, is that not the case? Or how would I go about suing him?

 

 

Expert:  socrateaser replied 2 years ago.
If there is no community property, then how could he have allegedly embezzled $200,000 from your joint bank account?
Customer: replied 2 years ago.

NOW there is no community property because our bank accounts are empty.

To make a very long story a little bit shorter....my husband is a financial advisor. I received a check for $200,000 from the sale of a home that I owned with my grandmother and that she lived in (she now lives in senior apt.housing). Since he was my husband AND a my financial advisor, I told him to put the money into a risk-free fund in my name only with his firm (UBS). He did not do that, he put the money into both of our names and, without my knowing it, he gambled it away in the stock market or slowly siphoned it out of the account over the last 4 years. I did not know the money was gone until the divorce.

 

He also stated on Match.com (yeah, I know, he's a real winner) that he has been "planning" this divorce for 2 years. It is in writing and my attorney and I both have a print-out of it. Is this any kind of proof of pre-meditated theft?

 

I know...it's very complicated and a horrendous story....more horrendous since we have a 3-year old child that he is also trying to take custody of even though I have been a stay-at-home Mom the whole life of my child.

Expert:  socrateaser replied 2 years ago.
So, you get a judgment against him for the fraud in the amount of the entire community, depriving him of his half share. That amount will be nondischargeable in bankruptcy, because it was fraudulently appropriated. And, if any family members assisted in the deception, then you sue them, too. You might actually have to join them to your dissolution action, rather than wait for judgment, and then sue in civil court. That judgment would also be nondischargeable in bankruptcy. Basically, you're going after everyone who could possibly have assets with which to restore the community assets to you.

I can't say it's a simple case, but it's certainly doable, assuming your attorney is willing to take it to judgment "on the come," i.e., without charging you until you collect.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.
Im sorry, but what does nondischargeable in bankruptcy mean?
Expert:  socrateaser replied 2 years ago.
Most debts can be discharged (wiped out) by the debtor filing bankruptcy. A debt incurred in connection with a domestic relations matter is nondischargeable in Chapter 7 bankruptcy, but it is dischargeable in Chapter 13, unless the debt was incurred by the debtor through fraudulent conduct.

So, if you prove that your husband and/or his family committed a fraud, then none of them can ever escape the debt during their respective lifetimes. And, if they have any assets, then you may be able to recover from one or more of the debtors.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33543
Experience: Retired (mostly)
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